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Home My WebLink About1995-021 Interlocal Agreement w/PBC Proceeds of Local Option Gas Taxi 1 1 RESOLUTION NO. 21-95 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT AND AMENDMENT THERETO WITH THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY ATTACHED HERETO AS EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY, WHICH AGREEMENT IS FOR THE PURPOSE OF ESTABLISHING A DISTRIBUTION FORMULA FOR THE PROCEEDS OF A LOCAL OPTION GAS TAX BETWEEN PALM BEACH COUNTY AND ELIGIBLE MUNICIPALITIES WITHIN THE COUNTIES; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of North Palm Beach, Florida, is desirous of entering into an Interlocal Agreement and Amendment with the Board of Commissioners of Palm Beach County, Establishing a Distribution Formula for proceeds of a local option gas tax between Palm Beach County and eligible municipalities. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, hereby approves the Interlocal Agreement and Amendment thereto attached as Exhibit "A" and Exhibit "B" respectively with the Board of Commissioners of Palm Beach County 1 for the purpose of establishing a Distribution Formula for the proceeds of a local option gas tax between Palm Beach County and eligible municipalities within the county. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Interlocal Agreement attached as Exhibit "A" and Amendment No. 1 thereto attached as Exhibit "B" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 27th DAY OF April 1995. (Village Seal) ATT (VILLAGE CLER __161-01 Gam, MAYOR 1 1 INTERLOCAL AGREEMENT R 9 5 8 8 5 D This Agreement is made this day of J U L 1 1. 1995 19 by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and Village of North Palm Beach , a municipal corporation located in Palm Beach County, organized and existing in accordance with the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY." WITNESSETH: WHEREAS, Section 336.025(1)(a), Florida Statutes, enacted by the Florida Legislature authorizes a one (1), two (2), three (3), four (4), five (5) and/or six (6) cent local option gas tax to be levied upon the sale of every gallon of motor fuel and special fuel within the COUNTY; and WHEREAS, said statute contemplates an interlocal agreement by and between the COUNTY and the MUNICIPALITIES located therein to establish a distribution formula for dividing the proceeds of said tax among COUNTY government and all eligible MUNICIPALITIES within the COUNTY; and WHEREAS, the parties already have in effect an Interlocal Agreement(s) providing for distribution of the first (1st), second (2nd), third (3rd), fourth (4th), fifth (5th) and sixth (6th) cents of the local option gas tax; and WHEREAS, the Interlocal Agreement(s) providing for such distribution will expire on or about August 31, 1995; and WHEREAS, representatives of the COUNTY and the various MUNICIPALITIES have met and negotiated mutually acceptable terms and conditions for a new Interlocal Agreement which are set forth herein; and WHEREAS, this Interlocal Agreement must be approved and executed by the COUNTY and a sufficient number of MUNICIPALITIES in the COUNTY which represent a majority of the population of the incorporated area within the COUNTY not later than May 31, 1995. NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and for such other good and valuable consideration, the receipt of which the parties hereby expressly acknowledge, the parties hereto covenant and agree to the following terms and conditions: 1 1. This Agreement is entered into with the specific contemplation that the Board of' County Commissioners of Palm Beach County will enact an appropriate ordinance to extend the six (6) cents local option gas tax previously levied for an additional period of time with said tax being imposed effective on September 1, 1995. In the event the Board of County Commissioners of Palm Beach County fails or refuses to enact said ordinance to extend the six (6) cents tax, this Agreement shall be null and void. 2. The terms of this Agreement shall be for the same duration as the amendment to the local option gas tax ordinance identified in paragraph 1 hereof extending the levy of the six (6) cents. Upon expiration of the period for which said tax is levied as provided for in the amendment to the COUNTY ordinance, this Agreement shall terminate except that if the Board of County Commissioners reimposes said tax as provided in Section 1(a) of said statute, this Agreement may be renewed as provided therein. 3. A. All proceeds of the six (6) cents of the tax collected pursuant to said statute shall be divided between the COUNTY and the municipalities as follows; or as may be mutually agreed upon by the parties pursuant to paragraph 16: i. The COUNTY shall receive two-thirds (2/3) of all sums collected. ii. The municipalities collectively shall receive one-third (1/3) of all sums collected. B. All money shall be collected and distributed to the respective parties as provided in Section 336.025(2), Florida Statutes. 4. Each MUNICIPALITY eligible to participate in the distribution of the proceeds of said tax shall receive a pro rata share of the aforesaid one-third (1/3) MUNICIPALITY share pursuant to a formula that will be based seventy percent (70%) on lane miles located within a MUNICIPALITY for which the MUNICIPALITY is responsible for maintenance and thirty percent (30%) upon the population of the MUNICIPALITY based upon the most recent University of Florida Population Estimate. Said formula is: -2- 1 30% x (city nonulationl + 70% x (city lane miles) = J Distribution (sum of city population) (sum of city lane miles) Exhibit A attached hereto and incorporated herein by reference identifies each eligible MUNICIPALITY's pro rata share of the MUNICIPALITIES' collective one-third (1/3) share. Said distribution may be amended not more than once annually by the Palm Beach County Municipal League, Inc., preparing on behalf of the said MUNICIPALITIES a new Exhibit "A" based upon changes in the foregoing criteria and submitting same by June 1st of any year to the County Administrator who shall in turn transmit same to the Department of' Revenue. 5. This is one of several Interlocal Agreements between the COUNTY and various MUNICIPALITIES providing the same terms for the division and distribution of the proceeds of the first six (6) cents of the local option gas tax. As such, this Interlocal Agreement may be executed in one (1) or more counterparts, each of which shall be deemed an original, but all of which shall constitute one (1) in the same instrument (the Interlocal Agreement) for the purpose of Section 336.025, Florida Statues. The Interlocal Agreement constitutes an interlocal agreement between the COUNTY and the MUNICIPALITIES located therein representing a majority of the incorporated area population within the COUNTY. 6. The parties agree to meet every two (2) years to evaluate the method of distribution of the local option gas tax revenues in accordance with Section 336.025(1)(d), Florida Statutes. The MUNICIPALITIES shall be collectively represented at such meeting by the Palm Beach County Municipal League, Inc. and the COUNTY by representatives as selected by the County Administrator's office. The Municipal League or the County may call for such meeting by providing thirty (30) days notice to the other as set forth in paragraph 13 herein. 7. Nothing in this Agreement shall preclude either party from litigating against the other on matters completely unrelated to and not contemplated by this Agreement. 8. This Agreement shall take effect only upon execution both by the COUNTY and those MUNICIPALITIES representing a majority of the population of the incorporated areas of the COUNTY. In the event that either the COUNTY fails or refuses to execute this Agreement or in the event that those MUNICIPALITIES representing a majority of the population of the incorporated -3- areas of the COUNTY fail to execute this Agreement, then this Agreement automatically shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder. 9. The invalidity of any portion, article, paragraph, provision, clause or any portion thereof of this Agreement shall have no affect upon the validity of any other part or portion hereof. 10. To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 11. This Agreement shall be govemed by and in accordance with the laws of the State of Florida. 12. In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable attorneys' fees. 13. Any notice given under the provisions of this Agreement shall be in writing and shall be delivered personally or sent by certified or registered mail, postage prepaid, to: COUNTY: Palm Beach County Board of County Commissioners 301 N. Olive Avenue West Palm Beach, FL 33401 WITH A COPY TO: County Attorney 301 N. Olive Avenue, Suite 601 West Palm Beach, FL 33401 MUNICIPALITIES: Palm Beach County Municipal League, Inc. 301 N. Olive Avenue, I0th Floor P.O. Box 1989 - Government Center West Palm Beach, FL 33402 Attention: Executive Director, Jack L. Horniman -4- 1 1 1 WITH A COPY TO: Trela J. White, Esq. Attorney for Palm Beach County Municipal League, Inc. Corbett & White 505 S. Flagler Drive, Suite 1003 West Pahn Beach, FL 33401 The Municipal League, upon receipt of any notice provided herein, shall provide like notice to each municipality that is a party to the Agreement. Notice by certified or registered mail, return receipt requested, shall be deemed effective on the date that such notice is deposited in a United States Post Office. 14. The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. 15. The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. 16. The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. None of the provisions, teens and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. -5- 1 1 1 IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set forth above. ATTEST: Municipal Clerk ATTEST: DOROTHY H. WILKEN, Clerk By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney wpwin60\1Apdocslmunicipa\inlerloc.wpd -6- (NAME OF MUNICIPALITY) By: Bon I )a „t ayor PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Chair IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set forth above. IAI TEST: 4z/e---) Municipal Clerk ATTEST: DOROTHY H. WILKEN, Clerk (NAME OF MUNICIPALITY) NORTH PALM BEACH Byy 0014 Mayor PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: at4 ca lR • = Y +py Deputy Clerk <F- ' $c"10 o0''; �� COUNTY, ys er6,., ,,,i�?,Oc APPROVED AS TO FORM AND LEGAL SUFFICIENCY h,�,0-*,��'_: ',", /%L_- 4/g_ County Attorney wpwiu60\apdoa'municipaValttlnc.wpd 1 R95 885D JUL 1 1 1995 1 R95 8 920 AMENDMENT #1 TO INTERLOCAL AGREEMENT This Amendment to the Interlocal Agreement dated August, 1993, by and between Palm Beach County, a political subdivision of the State of Florida, (hereinafter referred to as "COUNTY") and North Palm Beach , a municipality located in Palm Beach County, Florida (hereinafter referred to as "MUNICIPALITY") is made and entered into this day of JUL 1 1 t995 , 1995 . W ITNESSET H: WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the levy of 1, 2, 3, 4, or 5 cent local option gas tax within the COUNTY; and WHEREAS, 'the COUNTY and MUNICIPALITY entered into an Interlocal Agreement in August, 1993, to provide for the distribution formula for dividing the proceeds of the tax among the COUNTY and all eligible MUNICIPALITIES within the COUNTY; and WHEREAS, the parties now wish to amend the Interlocal Agreement to provide periodic reviews of the method of distribution of local option gas tax revenues as referred to in Section 336.025(1)(d). NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, and for such other good and valuable consideration, the receipt of which the parties hereby expressly acknowledge, the parties hereto agree to amend the Interlocal Agreement as follows: 1. A new paragraph 15 shall be added to provide: The parties agree to meet every two (2) years to review the method of 1 distribution of the local option gas tax revenues in accordance with Section 336.025(1)(d), Florida Statutes. The MUNICIPALITIES shall be collectively represented at such meetings by the Palm Beach County Municipal League, Inc. and the COUNTY by representatives as selected by the County Administrator's office. Either the Municipal League or the County may call for such meeting by providing thirty (30) days notice to the other as set forth in paragraph 11 herein. 2. All other terms and conditions of the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set forth above. ATTEST: (NAME OF MUNICIPALITY) /1"; y Joni. tr os- Municipal Clerk Mayor ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS DOROTHY H. WILKEN, Clerk BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney G:\...\LNewton\ACM\GasTax2.AGM 2 2. All Agreement distribution of the local option gas tax revenues in accordance with Section 336.025(1)(d), Florida Statutes. The MUNICIPALITIES shall be collectively represented at such meetings by the Palm Beach County Municipal League, Inc. and the COUNTY by representatives as selected by the County Administrator's office. Either the Municipal League or the County may call for such meeting by providing thirty (30) days notice to the other as set forth in paragraph 11 herein. other terms and conditions of the shall remain in full force and effect. Interlocal IN WITNESS WHEREOF, the parties hereto have set their hands and seals it the day set forth above. ATTEST: Municipal Clerk ATTEST: DOROTHY H. WILKEN, Clerk By:`l" Deputy Cierkip, %o; COUNTY, APPROVED AS TO FORM t, ', Tc . y'' (NAME OF MUNICIPALITY) VILLAGE OF NORTH PALM 3EACH By: Mayor PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS AND LEGAL SUFFICIENCY"r?'•, ORx 'Os By: G:\...\lucwton\AGM\Gasfax2.AGM 1 R95 8 9 2D J U L 1 1 1995 EXHIBIT 'A' CITY Atlantis Belle Glade Boca Raton Boynton Beach Briny Breezes Cloud Lake Delray Beach Glen Ridge Golf Village Golfview Greenacres City Gulfstream Haverhill Highland Beach Hypoluxo Juno Beach ,Jupiter Jupiter inlet Colony Lake Clarke Shores Lake Park Lake Worth Lantana Manalapan Mangonia Park North Palm Beach Ocean Ridge Pahokee Palm Beach Palm Beach Gardens Palm Beach Shores Palm Springs Riviera Beach Royal Palm Beach South Bay South Palm Beach Tequesta West Palm Beach 1 INCORPORATED PALM BEACH COUNTY POPULATION AND LANE MILES DISTRIBUTION END OF YEAR 1994 PERCENT OF PERCENT OF PERCENT INCORPORATED TOTAL INC. INCORPORATED TOTAL INC. LOCAL POPULATION POPULATION LANE MILES LANE MILES DISTRIBUTION 1,685 0.34 24.0 0.77 0.639 17,139 3.48 134.3 4.29 4.047 65,901 13.37 502.0 16.04 15.240 48,848 9.91 244.4 7.81 8.440 398 0.08 0.0 0.00 0.024 121 0.02 1.4 0.04 0.039 49,298 10.00 392.1 12.53 11.771 215 0.04 3.3 0.11 0.087 193 0.04 7.0 0.22 0.168 151 0.03 2.4 0.08 0.063 22,742 4.61 24.5 0.78 1.932 708 0.14 10.0 0.32 0.267 1,193 0.24 8.8 0.28 0.269 3,256 0.66 4.0 0.13 0.288 1,127 0.23 1.3 0.04 0.098 2,258 0.46 3.6 0.12 0.218 27,809 5.64 141.0 4.51 4.846 410 0.08 5.4 0.17 0.146 3,646 0.74 27.7 0.89 0.842 6,805 1.38 59.4 1.90 1.743 29,125 5.91 194.2 6.21 6.117 8,379 1.70 61.0 1.95 1.874 324 0.07 9.2 0.29 0.226 1,419 0.29 14.0 0.45 0.400 11,836 2.40 52.3 1.67 1.890 1,615 0.33 26.0 0.83 0.680 6,937 1.41 18.4 0.59 0.834 9,855 2.00 94.6 3.02 2.716 30,046 6.10 114.0 3.64 4.379 1,039 0.21 10.3 0.33 0.294 9,798 1.99 26.0 0.83 1.178 27,259 5.53 208.0 6.65 6.312 16,720 3.39 156.8 5.01 4.525 4,027 0.82 31.0 0.99 0.939 1,483 0.30 0.0 0.00 0.090 4,567 0.93 45.2 1.45 1.290 74,622 __ 15.14 471.7 15.07 15.093 492,954 3129.3 100